How Do You Prove Abuse in a Nursing Home Case?

If you or a loved one is a victim of abuse in a Wisconsin nursing home, being able to prove what happened will be important for holding the nursing home accountable. There are no excuses for abuse in the nursing home setting. When nursing home residents fall victim to abuse, seeking accountability is important for managing the past and long-term effects (and the costs) of that abuse.

Potential Evidence Used to Prove Abuse in a Nursing Home Case

There are different ways to prove abuse in a nursing home case. With that said, every case is unique, and seeking accountability requires the right proof based on the specific circumstances at hand. Some examples of the types of evidence that can be used to prove nursing home abuse include:

Medical Records 

In cases involving physical, psychological, and sexual abuse, the resident’s medical records can be key evidence of what happened and when. Nursing home residents are entitled to receive all necessary medical care from a provider of their choosing; and, in cases of nursing home abuse, it is important to seek medical care promptly. 

If a nursing home tries to prevent a resident from seeking medical care outside of the facility, this is a major red flag. You should not hesitate to call 911 if necessary, and we strongly encourage you to contact us so that we can help. 

Security Camera Footage 

Security camera footage can also be used to prove abuse in a nursing home case. In some cases, the abuse itself might be captured on camera. In others, the nursing home’s security camera footage might show a staff member (or someone else) entering and leaving the resident’s room at the time of the incident. 

While the nursing home may be unwilling to prove this footage voluntarily, your lawyer will be able to seek to obtain this footage on your behalf. Once notified of a potential abuse claim, nursing homes have a legal duty to preserve any potential proof they have in their possession. 

Statements from Nursing Home Staff Members

While some nursing home staff members are abusers who have no place being in a nursing home, others are compassionate caregivers who are willing to do the right thing when necessary. Additionally, all nursing home staff members can be required to provide statements under oath once a nursing home resident (or the resident’s family) files an abuse claim. If any staff members know what happened, their statements could serve as additional evidence in support of liability. 

Statements from Other Residents 

Statements from other residents can serve as additional evidence to prove abuse in a nursing home case. Whether these other residents witnessed what happened, can help fill in the blanks, or are victims of abuse themselves, they may be more than willing to help you seek accountability. Nursing homes are prohibited from retaliating against residents who speak up, and they can face additional liability if they mistreat residents who come forward. 

Forensic Evidence 

Forensic evidence used to prove abuse in a nursing home case can take many different forms. If you or a loved one has been abused in a Wisconsin nursing home, it is important to work quickly to locate and preserve any forensic evidence that is available. Our team can help.

Photos of the Resident’s Room and Belongings

Along with forensic evidence, photos of the resident’s room and belongings can also serve as evidence of abuse. With this in mind, if you have taken (or can safely take) photos with your phone, you should keep all of these photos and have them with you when you speak with a lawyer. 

Bank Account Statements 

In addition to physical, psychological, and sexual abuse, financial abuse is unfortunately a very real concern for nursing home residents as well. If you (or your loved one) is a victim of financial abuse in a Wisconsin nursing home, your (or your loved one’s) bank account statements could be key evidence for establishing accountability. 

Again, these are just examples. Sadly, abuse in the nursing home setting can take many different forms, and different types of proof will be available in different cases. If you need to know more, we strongly encourage you to contact us for a free, no-obligation consultation today. 

Talk to a Wisconsin Nursing Home Abuse Lawyer for FREE

If you believe your loved one has been abused or neglected in a Wisconsin nursing home, it is important to speak with a lawyer who has real experience handling these cases. Nursing home claims can be complex, and they require a clear understanding of both medical issues and state and federal regulations.

Our firm’s founder, Jason Studinski, has spent years representing families in nursing home abuse and neglect cases across Wisconsin. He also wrote How to Keep Your Loved One Safe in a Wisconsin Nursing Home, a guide created to help families recognize and prevent abuse. Our team knows what to look for, how to investigate these claims, and how to hold facilities accountable when they fail to meet their responsibilities.

Contact the nursing home abuse lawyers at Studinski Law, LLC today online or at (715) 515-7993 for a FREE case evaluation. We proudly represent clients in Plover and all of Wisconsin.